Anuj Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13854 of 2016 Arising Out of PS.Case No. -441 Year- 2015 Thana -JAHANABAD District- JEHANABAD ======================================================
1. Anuj Yadav Son of Kapil Yadav
2. Pappu Yadav @ Sanjeev Kumar Son of late Surendra Yadav Both are resident of Village- Bairagibag, PS & District Jehanabad, .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Jehanabad P. S. Case No.441 of 2015 registered under Sections 147, 148, 149, 323, 341, 324, 325, 307 and 504 of the Indian Penal Code.
It is contended that though the petitioners are alleged to be armed with farsa and sword, the injury reports would indicate that all the injured had sustained injuries caused by hard and blunt substance. It is further contended that from perusal of the FIR, it would appear that the members of the prosecution party were aggressor and they had tried to stop the
Patna High Court Cr.Misc. No.13854 of 2016 (2) dt.01-04-2016 2/2 construction work being undertaken by the petitioners' family. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners. He has submitted that several persons have sustained injuries caused by hard and blunt substance. There is allegation that several other accused persons were armed with lathi and thus the participation of the petitioners in the alleged offence cannot be ruled out. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in Jehanabad P. S. Case No. 441 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T